First Circuit Denies Petition for Review of Untimely Motion to Reopen

Rei Feng Wang initially applied for asylum based on China's One Child Policy and based on his testimony against the criminal organization that had smuggled him into the United States. His application was denied. Fifteen years later, he filed a motion to reopen based on changed country conditions, alleging that he had become a practicing Christian in the intervening years and that conditions for Christians in China had worsened during that time. The agency denied his motion to reopen. On appeal, the First Circuit agreed that Wang's baptism was a change in personal circumstances, not a change in country conditions, and that his country conditions evidence did not show a material change in country conditions. As such, the First Circuit declined to address the circuit split as to whether a mixed petition - one presenting changes in both personal and country conditions - is sufficient to justify reopening.

The full text of Wang v. Lynch can be found here: http://media.ca1.uscourts.gov/pdf.opinions/14-1845P-01A.pdf